Workers learn about unemployment insurance at the Hanoi Employment Service Center.
The Ministry of Home Affairs is seeking comments on the draft Decree detailing the implementation of a number of articles of the Law on Employment on unemployment insurance (hereinafter referred to as the draft Decree).
Seven new points on unemployment insurance in the Employment Law
The Ministry of Home Affairs said that the unemployment insurance policy was first stipulated in the Law on Social Insurance in 2006 and took effect from January 1, 2009.
After more than 16 years of implementation, unemployment insurance is considered one of the important policies in the social security system, an effective labor market management tool, closely linked with employment policies, active labor market, national target programs on employment, credit policies for job creation, employment services, labor market information,... with the goal of supporting workers to protect their job positions, maintain jobs, and prevent unemployment.
In addition, if there is a risk to employment, the unemployment insurance policy has measures to replace and partially compensate the income of workers when unemployed.
More importantly, there are measures to support workers to participate in vocational training to improve their skills or change careers; provide counseling and job referrals so that unemployed people can quickly find new jobs. At the same time, unemployed people also enjoy health insurance, contributing to social progress and justice, ensuring political and social stability.
By the end of June 2025, the whole country will have 16.42 million people participating in unemployment insurance. The Unemployment Insurance Fund balance by the end of 2024 is 63,400 billion VND. |
By the end of June 2025, the whole country had 16.42 million people participating in unemployment insurance. All unemployed people who need job counseling and referrals will receive free job counseling and referrals from the employment service center; with 327,291 people receiving vocational training support and 10,416,025 people receiving unemployment benefits. According to the report of Vietnam Social Security, the balance of the Unemployment Insurance Fund by the end of 2024 is 63,400 billion VND.
The 2025 Employment Law has many new points on unemployment insurance, with 7 specific contents.
Firstly, expand the scope of unemployment insurance participation to include workers under fixed-term labor contracts of one month or more; part-time workers; business managers and cooperative managers.
Second, flexible unemployment insurance contribution level: maximum 1% of monthly salary.
Third, supplement regulations on reducing unemployment insurance premiums for employers when recruiting and employing disabled employees.
Fourth, add consulting and job referral subjects for people whose unemployment benefits are temporarily suspended.
Fifth, supplement meal allowances during the time workers attend training courses to improve their vocational skills.
Sixth, supplement regulations on transfer of unemployment benefit receipt location and termination of unemployment benefit receipt.
Seventh, amend and supplement the conditions to support employers in training, fostering, and improving vocational skills to maintain employment,....
In addition, implementing the policy of streamlining the Government and local apparatus, there are also many changes in the tasks and functions of agencies and units in implementing unemployment insurance that need to be adjusted accordingly.
Based on the above grounds, in order to have a legal basis for organizing and implementing unemployment insurance, it is necessary to issue a Decree detailing the implementation of a number of articles of the Law on Employment on unemployment insurance.
Unemployment insurance premium is equal to 0.9% of monthly salary.
The Draft Decree consists of 9 chapters and 50 articles, detailing a number of articles and clauses of the Law on Employment on unemployment insurance, including: Clause 9, Article 33, Clause 5, Article 34, Clause 4, Article 35, Clause 2, Article 36, Clause 5, Article 37, Clause 2, Article 38, Clause 5, Article 39, Clause 2, Article 40, Clause 6, Article 41, Clause 4, Article 42, Clause 5, Article 46, Clause 3, Article 47, Article 48 of the Law on Employment.
The subjects of application are employees and employers who are required to participate in unemployment insurance according to the provisions of Article 31 of the Law on Employment.
Compared with the provisions of Decree No. 28/2015/ND-CP and Decree No. 61/2020/ND-CP, the draft Decree has the following amendments, improvements, supplements and omissions.
Firstly, the Ministry of Home Affairs proposed to amend and complete 35/42 articles of Decree No. 28/2015/ND-CP (supplemented in Decree No. 61/2020/ND-CP) including the following contents: Scope of regulation; Applicable subjects; Participation and payment of unemployment insurance; Job consultation and referral; Support for employees to participate in training and improve vocational skills; unemployment benefits; Support for employers to train, foster and improve vocational skills to maintain employment for employees; Unemployment Insurance Fund; Rights and responsibilities of agencies, organizations and individuals in participating in unemployment insurance.
The revised and improved contents are built on the basis of inheriting the provisions of Decree No. 28/2015/ND-CP and Decree No. 61/2020/ND-CP, supplementing the form of online application submission (through the National Public Service Portal) to comply with the policy in Resolution No. 57-NQ/TW and Resolution No. 66-NQ/TW and amending the names of agencies to match the merger and streamlining of the organizational apparatus.
Second, the Ministry of Home Affairs proposed to supplement 15 articles of Decree No. 28/2015/ND-CP (supplemented in Decree No. 61/2020/ND-CP).
Accordingly, one article is added on the level and source of unemployment insurance contributions. Specifically, employees and employers pay unemployment insurance at a rate equal to 0.9% of monthly salary. The State supports a maximum of 0.9% of the monthly salary fund for unemployment insurance contributions.
The contribution source is built on the basis of inheriting Clause 2, Article 6 of Decree No. 28/2015/ND-CP. In Article 33 of the Law on Employment, which stipulates a maximum contribution rate of 1%, the drafting agency has calculated the revenue and expenditure and selected a contribution rate of 0.9% to ensure the payment capacity of the Unemployment Insurance Fund and ensure the safety of the Unemployment Insurance Fund without needing support from the State budget in the next 5 years.
Add 1 article on reducing the contribution to the Unemployment Insurance Fund from 0.9% to 0% of the unemployment insurance contribution that the employer is responsible for paying for employees with disabilities during the employee's working period, but the support period does not exceed 12 months.
When calculating the Unemployment Insurance Fund in the construction of the Employment Law, according to the results of the National Labor-Employment Survey and the National Survey of People with Disabilities in Vietnam, 31% of the total 6.4 million people with disabilities are capable of working (about 2 million people).
Assuming this policy helps attract 10% of disabled people with working capacity, with the current average monthly salary for unemployment insurance contribution being 6 million VND/month, the monthly unemployment insurance contribution being 0.8% of the monthly salary, the amount of reduced unemployment insurance contribution is about 115.2 billion VND/year, the Unemployment Insurance Fund will still ensure safety in the next 5 years.
On the other hand, this reduction in contributions does not create administrative procedures when employers register to participate in unemployment insurance for disabled employees with the social insurance agency.
Add 1 article regulating salary as the basis for unemployment insurance payment for insurance participants as prescribed in Article 31 of the Law on Employment, suspend unemployment insurance payment and collect and pay unemployment insurance arrears. The Law on Employment 2025 has removed the regulation on salary as the basis for unemployment insurance payment (prescribed in Article 58 of the Law on Employment 2013). Therefore, the draft Decree has stipulated on the basis of inheriting the contents of Article 58 of the Law on Employment 2013 and is consistent with current regulations on compulsory social insurance payment.
Add 1 article on unemployment insurance payment period. Accordingly, the following 5 cases are allowed to reserve unemployment insurance payment period: (1) Employees whose payment month has not been resolved for unemployment benefits, (2) Employees whose decision to receive unemployment benefits has been canceled, (3) Employees who are receiving unemployment benefits have their unemployment benefits terminated, (4) Employees who do not come to receive unemployment benefits, (5) Employees whose unemployment insurance agency confirms additional unemployment insurance payment period after termination of unemployment benefits. These are current regulations that have been and are being implemented. To ensure convenience in organization and implementation from January 1, 2026 (the effective date of the Law on Employment), the drafting agency proposes to add this content to the draft Decree.
The draft adds 1 article on the level of support for participation in training and improving vocational skills. Specifically, the level of tuition support for participants in training courses and improving vocational skills for up to 3 months is not more than 4,500,000 VND/person per training course. For participants in training courses and improving vocational skills for more than 3 months, the maximum support level is not more than 1,500,000 VND/person per month.
The meal allowance is 50,000 VND/person per day of actual training and is paid directly to the worker. Tuition support for training and improving vocational skills is paid through the training facility.
The Draft Decree adds 1 article on the level and duration of unemployment benefits and 1 article on notification of job search in the direction of inheriting current regulations that have been and are being implemented and regulating monthly notification of online job search through the National Public Service Portal.
The Ministry of Home Affairs removed 7 articles of Decree No. 28/2015/ND-CP (supplemented in Decree No. 61/2020/ND-CP) including: Sources for forming the Unemployment Insurance Fund; Methods and sources of unemployment insurance contributions; Financial plan, management, use and settlement; Participation in unemployment insurance; Records of monitoring unemployment insurance contributions and benefits; Support for job counseling and referral; Health insurance benefits
The Draft Decree adds two new administrative procedures. These are: Procedures for payment of financial support for workers to participate in training courses and improve their vocational skills because of the addition of meal allowances, administrative procedures arise to implement this content; Procedures for monthly notification of job search.
According to Nhan Dan Newspaper
Source: https://baothanhhoa.vn/de-xuat-muc-dong-bao-hiem-that-nghiep-bang-0-9-muc-tien-luong-thang-260174.htm
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